THE POLICE WANT TO TALK TO ME – WHAT DO I DO?

The Police Want To Talk To Me – Do I Have To Talk To The Police?

What do I do if the police want to talk to me? – In another post we dealt with the question: DO I HAVE TO GIVE THE POLICE MY ID? Here the question is whether you have to talk to the police beyond merely identifying yourself or providing your identification.

Why do the police want to talk to me? – In general, if a police officer is talking to you, there is a very good chance that they suspect you have done something wrong or committed a crime. Therefore, our general advice is DO NOT TALK TO THE POLICE WITHOUT A LAWYER PRESENT. There is no law that says that you have to talk to the police. Alabama Code § 15-5-30 provides that a law enforcement official can request your name, address and an “explanation of his actions.” This, however, is true only where the officer reasonably suspects you are committing, have committed, or you are about to commit a felony or other public offense. Additionally, under § 15-5-30, the officer can only do this if you are in a public place.

Put another way, you do not have to talk to the police, and they have no authority to demand that you talk to them unless they have reasonable suspicion that you are engaged in criminal activity.

The bottom line is that under the Fifth Amendment to the United States Constitution you have the right to remain silent, to refuse to talk to the police. Remember, under the Sixth Amendment you have a right to an attorney. Your most powerful protection against a criminal charge is the combination of your right to remain silent and the right to an attorney.

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